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This is a Bill, not an Act. For current law, see the Acts databases.
VOCATIONAL EDUCATION AND TRAINING BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Education, Youth and Family
Services)
Vocational
Education and Training Bill 2003
Contents
Page
Part 2.1 Annual
Leave Act 1973 31
Part 2.2 Building
and Construction Industry Training Levy Act 1999 32
Part 2.3 Electricity
Safety Act 1971 32
Part 2.4 Electricity
Safety Regulations 1971 33
Part 2.5 Long
Service Leave Act 1976 33
Part 2.6 Payroll Tax
Act 1987 34
Part 2.7 Workers
Compensation Regulations 2002 35
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Education, Youth and Family
Services)
Vocational Education
and Training Bill 2003
A Bill for
An Act about vocational education and training, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Vocational Education and Training Act
2003.
This Act commences on 1 July 2003.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
The objects of this Act are—
(a) to provide effective and efficient mechanisms for the planning,
funding, coordination and evaluation of vocational education and training;
and
(b) to regulate vocational education and training; and
(c) to support quality assurance and best management practices for
vocational education and training; and
(d) to encourage awareness in the community of the need for, and to
promote the development of, vocational education and training that is relevant
to industry.
Note The Tertiary Accreditation and Registration Act 2003
contains important provisions about the quality of vocational education and
training, including the application of nationally agreed protocols and
standards.
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain words
and expressions used in this Act, and includes references (signpost
definitions) to other words and expressions defined elsewhere in this
Act or in other legislation.
For example, the signpost definition ‘statement of
attainment—see the Tertiary Accreditation and Registration Act
2003, dictionary.’ means that the expression ‘statement of
attainment’ is defined in that dictionary and the definition applies to
this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
6 Offences
against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this
Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
Part
2 Vocational education and training
authority
Division
2.1 Establishment, functions and
membership
7 Establishment
of authority
The Vocational Education and Training Authority is established.
The authority has the following functions:
(a) to advise the Minister about vocational education and training
generally, including adult and community education;
(b) to advise the Minister, in consultation with industry and the
community, about nationally consistent policies and priorities for vocational
education and training;
(c) to develop a strategic plan for vocational education and training that
is consistent with nationally agreed strategies and relevant to industry and the
community, and to coordinate and monitor its implementation;
(d) to advise the Minister about priorities for, and allocation of, funds
for vocational education and training;
(e) to manage funding programs, and to monitor the use of funds, for
vocational education and training;
(f) to provide programs and services to support vocational education and
training;
(g) to administer training contracts;
(h) in association with the accreditation and registration council, to
facilitate recognition and quality assurance in the provision of vocational
education and training;
(i) to promote vocational education and training generally in the
community;
(j) to promote equity in access to, and participation in, vocational
education and training;
(k) to promote cooperation between public and private providers of
vocational education and training and to encourage private industry to provide
vocational education and training;
(l) to undertake research about vocational education and training in the
ACT and the surrounding region;
(m) to inquire into, and advise the Minister, on vocational education and
training issues referred to the authority by the Minister;
(n) any other function given to the authority under this Act or another
Territory law.
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
9 Ministerial
directions to authority
(1) The Minister may give the authority written directions about the
exercise of its functions, but not about advising the Minister or reporting
under the Annual Reports (Government Agencies) Act 1995, section
8.
(2) The authority must comply with a direction under this
section.
(3) A direction under this section is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act.
(1) In exercising its functions, the authority may consult with relevant
industry, training, community, employee and employer associations.
(2) The authority may consult with any other entity it considers
appropriate.
11 Delegation
by authority
The authority may delegate the exercise of its functions
to—
(a) an authority member; or
(b) a committee of the authority; or
(c) an authority staff member; or
(d) a person prescribed under the regulations.
Note 1 For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
Note 2 If a law authorises or requires a body to exercise a
function, it may do so by resolution, see Legislation Act, s 199.
12 Membership
of authority
(1) The authority consists of the following members:
(a) a chairperson;
(b) 2 people appointed, after consultation with the trades and labour
council, to represent the interests of employees;
(c) 2 people appointed, after consultation with employer organisations, to
represent the interests of employers;
(d) 1 person who, in the Minister’s opinion, represents the
interests of registered training organisations which are private providers of
vocational education and training;
(e) 1 person who, in the Minister’s opinion, represents the
interests of providers of industry training advisory services;
(f) 1 person who, in the Minister’s opinion, represents the
interests of indigenous communities;
(g) 1 person who, in the Minister’s opinion, represents the
interests of the ACT Council of Parents & Citizens Associations
Inc.;
(h) 1 other person who, in the Minister’s opinion, is of good
standing in the community;
(i) the director of the Canberra Institute of Technology;
(j) the chief executive;
(k) the chairperson of the accreditation and registration
council.
(2) The Minister must appoint the authority members (other than the
director of the Canberra Institute of Technology or the chief
executive).
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
Note 3 Certain Ministerial appointments require consultation with a
Legislative Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
13 Ending
appointment of authority member
(1) The Minister must end the appointment of an authority member if the
Minister becomes aware that the member—
(a) has failed to comply with section 14 (Disclosure of interests by
authority members) without reasonable excuse; or
(b) has at any time been convicted, in Australia or elsewhere, of an
offence punishable by imprisonment for at least 1 year.
(2) The Minister may end the appointment of an authority
member—
(a) if the member is absent from 3 consecutive meetings of the authority
other than on leave approved by the Minister; or
(b) for members mentioned in section 12 (1) (b) to (g)—if the
Minister is satisfied that the member is no longer an appropriate person to
represent the relevant interests; or
(c) for misbehaviour or physical or mental incapacity, if the incapacity
affects the exercise of the member’s functions; or
(d) if the member becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors, compounds with creditors or
makes an assignment of remuneration for the benefit of creditors.
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
14 Disclosure
of interests by authority members
(1) An authority member who has a relevant interest in an issue being
considered, or about to be considered by the authority must, as soon as
practicable after the relevant facts have come to the authority member’s
knowledge, disclose the nature of the interest at a meeting of the
authority.
(2) The disclosure must be recorded in the authority’s minutes and,
unless the authority otherwise decides, the authority member must
not—
(a) be present when the authority considers the issue; or
(b) take part in a decision of the authority on the issue.
(3) Any other authority member who also has a relevant interest in the
issue must not—
(a) be present while the authority is considering whether to make a
decision under subsection (2); or
(b) take part in the decision.
(4) In this section:
relevant interest, in an issue, means a direct or indirect
financial interest in the issue.
15 Reporting
of disclosed interests to Minister
(1) Within 14 days after the day the disclosure of an interest under
section 14 (1) is made, the authority chairperson must report to the
Minister in writing about—
(a) the disclosure; and
(b) the nature of the interest disclosed; and
(c) any decision by the authority under section 14 (2).
(2) The authority chairperson must give to the Minister, by 31 July in
each year, a statement that sets out the information given to the Minister in
reports under subsection (1) that relate to disclosures made during the previous
financial year.
(3) The Minister must give a copy of the statement to the relevant
committee of the Legislative Assembly within 14 days after the day the Minister
receives the statement.
(4) In this section:
relevant committee means—
(a) a standing committee of the Legislative Assembly nominated by the
Speaker for subsection (3); or
(b) if no nomination under paragraph (a) is in effect—the standing
committee of the Legislative Assembly responsible for public accounts.
16 Reimbursement
of authority members
The Territory must reimburse an authority member for expenses reasonably
incurred in the exercise of the member’s functions.
(1) The authority may make arrangements with the chief executive to use
public servants in the administrative unit under the chief executive’s
control.
(2) The Public Sector Management Act 1994 applies to the management
by the authority of public servants the subject of an arrangement under
subsection (1).
18 Annual
report by authority
A report prepared by the authority for the Annual Reports (Government
Agencies) Act 1995, section 8 must include, for the reporting period,
details of any direction under section 9 (Ministerial directions to authority)
given during the period and the way the direction was given effect.
Division
2.2 Proceedings of
authority
19 Calling
authority meetings
(1) The authority meets at the times and places the authority chairperson
decides.
(2) The chairperson must ensure that authority members have reasonable
notice of meetings.
(1) The authority chairperson presides at meetings of the
authority.
(2) However, if the chairperson is absent from a meeting, the members
present may elect a member to preside at the meeting.
(3) Business may be carried out at an authority meeting only if at least
6 authority members are present, including—
(a) at least 1 of the members mentioned in section 12 (1) (b);
and
(b) at least 1 of the members mentioned in section 12 (1) (c).
(4) A question arising at a meeting may be decided by a majority of the
votes of members present and voting.
(5) If the votes of the authority on a question are equally divided, the
decision of the member presiding is the decision of the authority on the
question.
(6) The authority may decide its own procedure in relation to anything for
which a procedure is not provided under this Act.
(7) The authority must keep minutes of its meetings.
Division
2.3 Authority
committees
21 Establishment
of committees
The authority may establish committees to help the authority in the
exercise of its functions.
22 Exercise
of committee functions
(1) Subject to any decision of the authority under subsection (2), a
committee may decide its own procedures.
(2) The authority may decide—
(a) how a committee is to exercise its functions; and
(b) the procedure to be followed for meetings of the committee,
including—
(i) the calling of meetings; and
(ii) the number of committee members to be present at meetings (including
requirements that particular members be present); and
(iii) the committee member who is to preside at meetings; and
(iv) how questions arising at a meeting are to be decided; and
(v) the keeping of minutes of meetings.
23 Membership
of committees
(1) A committee consists of the people appointed by the
authority.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
(2) A committee may consist completely or partly of authority
members.
24 Reimbursement
for committee members
(1) A committee member is not entitled to be paid for the exercise of the
member’s functions.
(2) However, the Territory must reimburse a committee member for expenses
reasonably incurred in the exercise of the member’s functions.
(3) This section does not apply to a committee member who is also an
authority member.
25 Determination
of work-related training
(1) The authority may, in writing, determine that a sequence of vocational
education and training is work-related training for this Act.
Examples
1 apprenticeship
2 traineeship
3 other training in a trade or occupation
Note 1 Power given under an Act to make a statutory
instrument (including a determination) includes power to amend or repeal the
instrument (see Legislation Act, s 46 (1)).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) A determination is a notifiable instrument.
Note 1 A notifiable instrument must be notified under the
Legislation Act.
Note 2 An amendment or repeal of a determination is also a
notifiable instrument (see Legislation Act, s 46 (2)).
26 Approval
of training contract
(1) The authority may approve a training contract between an employer and
another person in relation to work-related training.
(2) Before approving a training contract, the authority must consider
whether the contract complies with the form and content of any nationally agreed
training contract.
(3) Also, the authority must not approve a training contract unless
satisfied that—
(a) the facilities, equipment and methods proposed to be used for the
training are suitable; and
(b) the qualifications, knowledge and skills of the person proposed to
deliver the training are appropriate; and
(c) the person proposed to deliver the training conducts himself or
herself in a way appropriate for a person responsible for the delivery of
training; and
(d) the employer is likely to comply with any relevant industrial
award.
(4) The authority may approve a training contract subject to
conditions.
(5) In this section:
nationally agreed training contract means the training
contract agreed by the ministerial council.
ministerial council—see the Tertiary Accreditation
and Registration Act 2003, dictionary.
27 Application
for approval
An application for approval must be made in the way required by the
authority.
Note If a form is approved under s 48 (Approved forms) for an
application, the form must be used.
28 Training
contracts for qualification or statement of attainment
(1) An employer and another person may enter into an approved training
contract for training that results in a qualification or statement of attainment
being issued to the other person.
(2) However, a contract cannot be entered into if the authority or the
accreditation and registration council decides that training contracts cannot be
entered into for the particular qualification or statement of
attainment.
29 Training
must be under approved training contract
(1) A person commits an offence if—
(a) the person is an employer who provides someone else with work-related
training for a qualification or statement of attainment; and
(b) there is no approved training contract between the employer and the
other person.
Maximum penalty: 50 penalty units.
(2) An offence under this section is a strict liability offence.
(1) In providing work-related training under an approved training
contract, an employer must comply with the National Code of Good Practice for
New Apprenticeships as in force from time to time.
(2) The Legislation Act, section 47 (6) does not apply to this
section.
Note The text of the code is available at
www.newapprenticeships.gov.au.
31 Party
may ask for amendment
(1) A party to an approved training contract may ask the authority to
approve an amendment of the contract.
Note If a form is approved under s 48 (Approved forms) for a
request, the form must be used.
(2) The authority must—
(a) approve the amendment requested; or
(b) refuse to approve it.
(3) Before approving an amendment, the authority must consider whether the
contract as amended will comply with the form and content of any nationally
agreed training contract.
(4) The authority must approve an amendment requested by both parties
unless satisfied that the amendment would adversely affect the provision of the
training.
32 Authority
may suspend, cancel or amend contract
The authority may suspend or cancel approval of a training contract, or
amend an approved training contract—
(a) if the employer is unable to provide training under the contract
because of a change in the employer’s circumstances; or
(b) if the authority is satisfied that it is in the interests of the
trainee to suspend or cancel the approval or amend the contract; or
(c) in any other circumstance prescribed under the
regulations.
Part
4 Disagreements and
disputes
33 Disagreement
with decision of authority
(1) This section applies if—
(a) an applicant for approval or amendment of a training contract under
part 3 disagrees with the decision of the authority about the application;
or
(b) a party to a training contract that is amended under section 31 (Party
may ask for amendment) disagrees with the decision of the authority about the
amendment.
(2) The applicant or party may, within 14 days after the day the applicant
is notified of the decision under section 40 (Notice of reviewable decisions),
ask the authority to refer the disagreement to a committee for resolution.
(3) As soon as practicable after receiving the request for referral, the
authority must refer the disagreement to a committee.
(4) Within 28 days after the day the authority receives the referral, the
committee must attempt to resolve the disagreement and report to the authority
about the outcome.
34 Dispute
between employer and trainee
(1) This section applies if a dispute about training under an approved
training contract arises between the parties to the training contract.
(2) A party may ask the authority to refer the dispute to a
committee.
(3) As soon as practicable after receiving the request for referral, the
authority must refer the dispute to a committee.
(4) Within 28 days after the day of receiving the referral, the committee
must attempt to resolve the dispute and report to the authority about the
outcome.
(5) In attempting to resolve the dispute, the committee must take into
account any views of the accreditation and registration council on an issue in
dispute.
(6) If the committee does not resolve the dispute, the authority
may—
(a) make a finding of fact about any matter relating to the training
contract; or
(b) amend the contract; or
(c) give directions to a party to the contract incidental to an action
under paragraph (a) or (b).
Part
5 Visits to
premises
(1) The authority may give an employer written notice that an authority
member, a staff member of the authority or a person authorised by the authority
proposes to visit premises where the employer is providing, or proposes to
provide, training under a training contract.
(2) The notice under subsection (1) must—
(a) state the address of the premises proposed to be visited;
and
(b) state the day and time of the proposed visit; and
(c) state the purpose of the visit; and
(d) be given to the employer at least 7 days before the day of the
proposed visit.
(3) The day and time of the proposed visit must be a day and time when the
employer normally conducts business on the premises.
(4) The member, staff member or authorised person may, on the day and at
the time stated in the notice—
(a) enter the premises stated in the notice; or
(b) observe any work-related training being provided on the premises;
or
(c) ask the employer to give information about work-related training
provided, or proposed to be provided, on the premises; or
(d) ask the employer to produce any document in the possession of the
employer containing information about work-related training provided, or
proposed to be provided, on the premises.
(5) A member, staff member or authorised person may, in exceptional
circumstances, do a thing mentioned in subsection (4) (a) to (d) without
notice.
Example of exceptional
circumstance
danger of injury to anyone’s health or safety
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(1) The authority may give a person who may conduct visits under this part
an identity card that states the person’s name and position, and
shows—
(a) the date of issue of the card; and
(b) the date of expiry of the card; and
(c) anything else prescribed under the regulations.
(2) A person who is given an identity card commits an offence if the
person fails to return it to the authority as soon as practicable, but within
7 days, after the day the person is asked by the authority to return the
card.
Maximum penalty: 1 penalty unit.
(3) An offence against this section is a strict liability
offence.
37 Production
of identity card
An authority member, staff member or authorised person must not remain on
premises entered under this part if, on request by the occupier, the authority
member, staff member or authorised person does not produce his or her identity
card.
(1) This section applies if the authority is satisfied that an
employer—
(a) without reasonable excuse, obstructs or hinders a person entering
premises or observing training under section 35 (4) (a) or (b) (Visits by
authority); or
(b) refuses to give information, or gives information that the employer
knows is false or misleading, in response to a request under section 35 (4) (c);
or
(c) refuses to produce a document, or produces a document that the
employer knows contains false or misleading information, in response to a
request under section 35 (4) (d).
(2) The authority may suspend or cancel the approval of, or amend, any
approved training contract to which the employer is a party.
Part
6 Review of
decisions
In this part:
reviewable decision means a decision of the authority
mentioned in an item in schedule 1, column 3 under a provision of this Act
mentioned in the item, column 2.
40 Notice
of reviewable decisions
(1) If the authority makes a reviewable decision, the authority must give
written notice of the decision to each person mentioned in schedule 1,
column 4 in relation to the decision.
(2) The notice must be in accordance with the requirements of the code of
practice in force under the Administrative Appeals Tribunal Act 1989,
section 25B (1).
41 Review
by AAT of reviewable decisions
A person may apply in writing to the administrative appeals tribunal for
review of a reviewable decision.
42 Modification
of Administrative Appeals Tribunal Act, s 27
(1) This section applies in relation to a decision to which section 33
(Disagreement with decision of authority) applies.
(2) A person is not entitled to apply under section 41 for review of a
decision—
(a) until after the end of the period when a request under section 33
(2) may be made; or
(b) if a request under section 33 (2) has been made, until the earlier of
the following days:
(i) the day the person who made the request is notified of the outcome of
the attempt to resolve the disagreement;
(ii) the day after the end of the period mentioned in section 33
(4).
(3) If a request has been made under section 33 (2) in relation
to a decision, the prescribed time for lodging an application with the AAT is
the period beginning on the day when the person who made the request becomes
entitled under subsection (2) (b) to make the application and ending on the 28th
day after that day.
43 Functions
of ANTA for the ACT
ANTA may exercise, for the ACT, any function given to it under the
Australian National Training Authority Act 1992 (Cwlth).
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
44 False
or misleading statements in applications etc
(1) A person commits an offence if—
(a) the person makes a statement (whether orally, in a document or in any
other way); and
(b) the person does so knowing that the statement—
(i) is false or misleading; or
(ii) omits anything without which the statement is misleading;
and
(c) the statement is made—
(i) in, or in relation to, an application for approval or amendment of a
training contract; or
(ii) in response to a request for information under
section 35 (4) (c) (Visits by authority).
Maximum penalty: 100 penalty units.
(2) Subsection (1) (b) (i) does not apply if the statement is not false or
misleading in a material particular.
(3) Subsection (1) (b) (ii) does not apply if the omission does not make
the statement misleading in a material particular.
(4) A person commits an offence if—
(a) the person makes a statement (whether orally, in a document or in any
other way); and
(b) the person is reckless as to whether the statement—
(i) is false or misleading; or
(ii) omits anything without which the statement is misleading;
and
(c) the statement is made—
(i) in, or in relation to, an application for approval or amendment of a
training contract; or
(ii) in response to a request for information under
section 35 (4) (c) (Visits by authority).
Maximum penalty: 50 penalty units.
(5) Subsection (4) (b) (i) does not apply if the statement is not false or
misleading in a material particular.
(6) Subsection (4) (b) (ii) does not apply if the omission does not make
the statement misleading in a material particular.
45 Alternative
verdict for offence against s 44
(1) This section applies if, in a prosecution for an offence against
section 44 (1) (False or misleading statements in applications etc), the trier
of fact is not satisfied that the defendant is guilty of the offence, but is
satisfied beyond reasonable doubt that the defendant is guilty of an offence
against section 44 (4).
(2) The trier of fact may find the defendant not guilty of the offence
against section 44 (1) but guilty of the offence against section 44 (4) only if
the defendant has been given procedural fairness in relation to that finding of
guilt.
46 Protection
from liability
(1) A person exercising a function under this Act does not incur civil
liability for an act or omission done honestly and without negligence for this
Act.
(2) Civil liability that would, apart from this section, attach to a
person attaches instead to the Territory.
(1) The Minister may, in writing, determine fees for this Act.
Note The Legislation Act contains provisions about the making
of determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and
presented to the Legislative Assembly, under the Legislation Act.
(1) The authority may, in writing, approve forms for this Act.
(2) If the authority approves a form for a particular purpose, the
approved form must be used for that purpose.
Note For other provisions about forms, see Legislation Act, s
255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act.
49 Regulation-making
power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
Part
8 Transitional
provisions
(1) An agreement that was an approved training agreement under the
Vocational Education and Training Act 1995 immediately before 1 July
2003 is taken to be approved as a training contract under section 26 (Approval
of training contract).
(2) If a suspension of approval of the agreement or an amendment of the
agreement is in force immediately before 1 July 2003, the suspension or
amendment has effect as if the approval had been suspended, or the agreement
amended, under part 3 (Training).
51 Modification
of pt 8’s operation
The regulations may modify the operation of this part to make provision in
relation to any matter that, in the Executive’s opinion, is not, or is not
adequately, dealt with in this part.
This part expires on 30 June 2004.
Part
9 Repeals and consequential
amendments
The Vocational Education and Training Act 1995 No 37 is
repealed.
The Vocational Education and Training Regulations 1998 No 26 are
repealed.
55 Acts
and regulations amended—sch 2
Schedule 2 amends the Acts and regulations mentioned in it.
Schedule
1 Reviewable
decisions
(see s 39)
column 1
item
|
column 2
Act provision
|
column 3
reviewable decision
|
column 4
person to be notified
|
1
|
26 (1) (Approval of training contract)
|
refusing to approve a training contract
|
applicant for approval
|
2
|
26 (4)
|
approving a training contract subject to conditions
|
applicant for approval
|
3
|
31 (2) (a) (Party may ask for amendment)
|
approving an amendment of an approved training contract
|
each party to the contract
|
4
|
31 (2) (b)
|
refusing to approve amendment of approved training contract
|
each party to the contract
|
5
|
32 (Authority may suspend, cancel or amend contract)
|
suspending or cancelling approval of a training contract
|
each party to the contract
|
6
|
32
|
amending an approved training contract
|
each party to the contract
|
7
|
34 (6) (a) (Dispute between employer and trainee)
|
making a finding of fact about a matter in relation to a training
contract
|
each party to the contract
|
8
|
34 (6) (b)
|
amending an approved training contract
|
each party to the contract
|
9
|
34 (6) (c)
|
giving directions to a party to an approved training contract
|
each party to the contract
|
10
|
38 (2) (Obstructing visits)
|
suspending or cancelling approval of an approved training
contract
|
each party to the contract
|
11
|
38 (2)
|
amending an approved training contract
|
each party to the contract
|
Schedule
2 Consequential
amendments
(see s 55)
Part
2.1 Annual Leave Act
1973
[2.1] Section
2 (1), definition of approved training agreement
omit
[2.2] New
definition of approved training contract
insert
approved training contract—see the Vocational
Education and Training Act 2003, dictionary.
[2.3] Section
2 (1), definition of trainee
omit
a training agreement
substitute
an approved training contract
[2.4] Section
2 (1), definition of training agreement
omit
Part
2.2 Building and Construction Industry
Training Levy Act 1999
omit
registered provider.
substitute
registered training organisation.
[2.6] Section
28 (4), definition of registered provider
substitute
registered training organisation—see the Tertiary
Accreditation and Registration Act 2003, dictionary.
Part
2.3 Electricity Safety Act
1971
substitute
(2) In this section:
accredited, for a course—see the Tertiary
Accreditation and Registration Act 2003, dictionary.
trainee—see the Vocational Education and Training
Act 2003, dictionary.
Part
2.4 Electricity Safety Regulations
1971
[2.8] Regulation
3 (3) (b) (i) (A)
omit
Vocational Education and Training Act 1995;
substitute
Tertiary Accreditation and Registration Act 2003;
[2.9] Regulation
5 (3) (b) (i) (A)
omit
Vocational Education and Training Act 1995;
substitute
Tertiary Accreditation and Registration Act 2003;
Part
2.5 Long Service Leave Act
1976
[2.10] Section
2 (1), definition of approved training agreement
omit
[2.11] Section
2 (1), new definition of approved training contract
insert
approved training contract—see the Vocational
Education and Training Act 2003, dictionary.
[2.12] Section
2 (1), definition of continuous service,
paragraph (d)
substitute
(d) for an employee who begins service with an employer within a period of
12 months from the end of an apprenticeship, or an approved training contract,
with the employer—the period of the apprenticeship or approved training
contract.
[2.13] Section
2 (1), definition of trainee
omit
a training agreement
substitute
an approved training contract
[2.14] Section
2 (1), definition of training agreement
omit
Part
2.6 Payroll Tax Act
1987
substitute
(8) In this section:
approved training means training under an approved training
contract.
approved training contract—see the Vocational
Education and Training Act 2003, dictionary.
recognised training means approved training other than
training declared under subsection (6) not to be recognised training.
Part
2.7 Workers Compensation Regulations
2002
[2.16] Regulation
95A (2), new definition of approved training
contract
insert
approved training contract—see the Vocational
Education and Training Act 2003, dictionary.
[2.17] Regulation
95A (2), definition of group trainer
substitute
group trainer means a registered training organisation that,
as a business (a labour hire business), places trainees with
employers relevant to the trainees’ approved training contracts for the
duration of their contracts.
[2.18] Regulation
95A (2), definition of registered provider
substitute
registered training organisation—see the Tertiary
Accreditation and Registration Act 2003, dictionary.
[2.19] Regulation
95A (2), definition of trainee
omit
a training agreement
substitute
an approved training contract
[2.20] Regulation
95A (2), definition of training agreement
omit
(see s 4)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• entity
• exercise
• function
• may (see s 146)
• must (see s 146)
• person.
accreditation and registration council means the
Accreditation and Registration Council established under the Tertiary
Accreditation and Registration Act 2003.
ANTA means the Australian National Training Authority
established by the Commonwealth Act.
ANTA agreement—see the Commonwealth Act, section
4 (1), definition of Agreement.
approved training contract means a training contract approved
by the authority under section 26 (Approval of training contract).
authority means the Vocational Education and Training
Authority established by section 7.
committee means a committee established by the authority
under section 21.
Commonwealth Act means the Australian National Training
Authority Act 1992 (Cwth).
employer, for a trainee, means the person who is obliged
under a training contract to employ the trainee.
federal award means—
(a) an award or order that has been reduced to writing under the
Workplace Relations Act 1996 (Cwlth), section 143 (1); or
(b) an enterprise flexibility agreement within the meaning of that Act;
or
(c) a certified agreement within the meaning of that Act.
industrial award means—
(a) a federal award; or
(b) an award, determination or order made by an entity prescribed under
the regulations.
qualification—see the Tertiary Accreditation and
Registration Act 2003, dictionary.
registered training organisation—see the Tertiary
Accreditation and Registration Act 2003, dictionary.
statement of attainment—see the Tertiary
Accreditation and Registration Act 2003, dictionary.
trades and labour council means the Trades and Labour Council
of the Australian Capital Territory Incorporated.
trainee means a person who undertakes training under a
training contract, and includes an apprentice.
work-related training means a sequence of vocational
education and training that is determined by the authority under section 25 to
be work-related training.
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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